HomeMy WebLinkAboutItem 09a - Appeal for Grocery Outlet at 140 E. Live Oak Avenue
DATE: September 15, 2020
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa Flores, Planning & Community Development Administrator
Prepared By: Christine Song, Associate Planner
SUBJECT: APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER, WINE,
AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AND
EXTENDED HOURS OF OPERATION WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (“CEQA”) FOR GROCERY OUTLET AT 140 E. LIVE OAK AVENUE
Recommendation: Adopt Resolution No. 7333 Upholding the
Approval
SUMMARY
The Appellant, Attorney R. Bruce Tepper on behalf of the “Unincorporated Association
of Residents”, is appealing the Planning Commission’s approval of Conditional Use
Permit No. CUP 20-08. The Planning Commission voted unanimously to conditionally
approve CUP 20-08 to allow the sale of beer, wine, and distilled spirits for off-site
consumption along with extended hours of operation for a new grocery store (DBA:
Grocery Outlet) within an existing commercial building located at 140 E. Live Oak
Avenue. It is recommended that the City Council deny the appeal, uphold the Planning
Commission’s decision, and adopt Resolution No. 7333.
BACKGROUND
The subject property is a 1.5 acre (66,912 square feet) lot developed with a one-story
14,490 square foot commercial building (see Figure 1). It was formally occupied by
Walgreens pharmacy and drug store, which closed in December 2019. The property is
located along E. Live Oak Avenue, between 2nd Avenue and Santa Anita Avenue, and
has access from either E. Live Oak Avenue or Tyler Avenue. The project site is zoned
Mixed Use, MU, with a General Plan Land Use Designation of Mixed Use. The property
is surrounded by commercial uses to the north and west, a vacant commercially zoned
property to the east, and single-family residences to the south in the unincorporated
area of Los Angeles County (outside of Arcadia city limits).
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 2 of 10
In the MU Zone, a grocery store is permitted by right as a retail use. The previous
business at this location, Walgreens, was also considered a retail use and was
approved for a CUP to allow for the sale of beer and wine only—with a Type 20 license
from the California Department of Alcoholic Beverage Control (“ABC”). However, when
the business closed in 2019, Walgreens chose not to transfer their ABC license to the
Applicant, Grocery Outlet. As a result, on May 20, 2020, Grocery Outlet, submitted an
application for Conditional Use Permit No. CUP 20-08 to allow the sale of beer, wine,
and distilled spirits for off-site consumption and extended hours of operation (for more
than 16 hours per day) for a new grocery store within the existing 14,490 square foot
commercial building on the subject property (“Project”). The proposed business hours
are from 6:00 AM to 11:00 PM, daily. On July 14, 2020, the CUP application was heard
by the Planning Commission and unanimously approved, subject to the conditions of
approval in the staff report (refer to Attachment No. 4).
On July 24, 2020, R. Bruce Tepper, on behalf of the Unincorporated Association of
Residents (“Appellant”), filed a timely appeal of the Planning Commission’s decision to
approve CUP 20-08 (refer to Attachment No. 2). As the Appellant’s legal counsel, Mr.
Tepper objects to the Planning Commission’s decision and states that the approval of
CUP 20-08 improperly utilized a Class 1 Categorical Exemption under the California
Environmental Quality Act (“CEQA”). Mr. Tepper also states that the local residents who
live near the project site would be negatively impacted by the Project and that further
environmental review should be required, as discussed later in this staff report.
Figure 1 – Project Site
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 3 of 10
DISCUSSION
Grocery Outlet is a franchise chain of grocery stores that offers discounted groceries
and name brand household products. The company has over 300 stores nationwide
with nearest locations in San Gabriel, Rosemead, Duarte, and one new location in
Arcadia at 165 E. Foothill Boulevard. The MU zoning designation of the subject property
allows a retail use such as a grocery store by right, without a discretionary application
process. In order to accommodate the grocery store on the subject property, minor
interior tenant improvements are required to be consistent with Grocery Outlet’s typical
store layout (see Figure 2). These improvements consist of the installation of walk-in
refrigeration, wall racks and shelves, replacement of existing doors, and remodeling of
unisex restrooms, which can all be approved by staff through the issuance of a building
permit. Additionally, Grocery Outlet submitted a separate Site Plan and Design Review
application for the installation of a new outdoor shopping cart corral. Walgreens did not
have an outdoor shopping cart corral as it was not needed for their business. The
application for the cart corral was submitted after the Planning Commission approved
CUP 20-08 and has no bearing on the sale of alcohol since it is needed for the grocery
store’s general operations. This application will be reviewed and approved
administratively by staff and is not included in the Project that is being appealed to the
City Council.
Figure 2 – Sample Photo of a Grocery Outlet Store Alcohol Sales Section
The Development Code states that any business selling alcoholic beverages for off-site
consumption which is open for more than 16 hours per day (or between midnight and
6:00 AM), and is located less than 150 feet from residentially zoned property, is subject
to a CUP. The purpose of the CUP is to ensure that the proposed alcohol sales is an
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 4 of 10
appropriate use for the property and is compatible with other uses in the surrounding
neighborhood. In the appeal letter, Mr. Tepper states that the approval of CUP 20-08
fails to comply with CEQA requirements in the following ways (refer to the appeal letter
under Attachment No. 2):
1. The Class 1 Categorical Exemption per Section 15301 of the CEQA guidelines
was improperly granted for the proposed use.
2. The potential significant environmental impacts caused by the proposed use
were not thoroughly evaluated and an Environmental Impact Report (“EIR”) was
not prepared.
The Project is exempt from further environmental review under Section 15301 of the
CEQA guidelines because it qualifies as a Class 1 project (refer to the Preliminary
Exemption Assessment under Attachment No. 6). A Class 1 project consists of “the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of existing or former use.” In his letter, Mr.
Tepper argues that, “the construction of a fully built-out grocery outlet” will cause
impacts to the environment. Specifically, he asserts that, when considering the Project’s
eligibility for a Class 1 exemption from CEQA review, the City must look at Grocery
Outlet’s proposed alterations to the existing commercial building and the expansion of
the existing use.
First and foremost, it should be clarified that the building that Grocery Outlet will occupy
is existing and no square footage addition to the building is proposed. Based on the
language of the appeal letter, it seems that Mr. Tepper misinterpreted the scope of the
Project as the construction of a new grocery store. Contrary to Mr. Tepper’s argument,
the Project does not include a change of use, as the existing building is located in the
MU Zone where retail uses, such as the previous Walgreens and the proposed Grocery
Outlet, are permitted by right per Table 2-10 of Development Code Section
9102.05.020. The Project does not include an expansion in use and only requests
permission to sell beer, wine, and distilled spirits for off-site consumption and extended
hours of operation under a Type 21 ABC license. Walgreens operated under an off-site
Type 20 ABC license, which is different from Grocery Outlet only to the extent that
Walgreens did not sell distilled spirits.
Additionally, Walgreens operated from 10:00 AM to 10:00 PM and Grocery Outlet
proposes an additional five hours of operation, from 6:00 AM to 11:00 PM. Also, the
existing on-site parking spaces meet the current Code requirements and provide
sufficient parking for the Project. As such, the Project is appropriately exempt as a
Class 1 project under CEQA Guideline Section 15301, as it involves a negligible
expansion of the former Walgreens’ retail use.
It is further stated in the appeal that Grocery Outlet will “house significantly more
employees at any given time” than Walgreens due to the extended hours of operation,
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 5 of 10
and this would result in environmental impacts that should be reviewed through an EIR.
However, the appeal does not provide any evidence to support this claim. In addition,
the hiring of employees who work at a grocery store that is permitted by right is outside
the scope of the City’s consideration when evaluating a CUP application, and thus
outside the scope of environmental review under CEQA.
Mr. Tepper also contends that there is “an unusual saturation of alcohol licenses in this
census tract.” ABC confirmed that the standard number of licenses allowed in this
census tract is two, but there are currently four off-site licenses, not counting Grocery
Outlet’s proposed license. One of the licenses is held by a business that is outside of
Arcadia, so there are a total of three licenses in this part of the city, which constitutes an
“over-concentration.” However, it is not unusual to have an over-concentration of ABC
licenses in the commercial corridors of a city. In these common situations, the ABC
requests a “finding of public convenience and necessity” be made by the jurisdiction.
These findings have been made for many uses with alcohol sales in over-concentrated
locations with no major impacts to the surrounding neighborhoods. Allowing the sale of
alcohol for off-site consumption serves a public convenience and necessity and is in
accordance with the City’s policies to attract new businesses to support the local
economy.
In terms of Mr. Tepper’s argument that an EIR should have been prepared for the
Project, CEQA Guidelines Section 15002 states that an EIR should be prepared when
the City finds “substantial evidence that the project may have a significant effect on the
environment.” Based on the evaluation of Walgreens’ previous business operation and
Grocery Outlet’s proposed operating characteristics, the Project would not adversely
impact the subject property or the surrounding neighborhood. Since the Project qualifies
for a Class 1 Categorical Exemption, the preparation of an EIR is not required.
FINDINGS
Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: Approval of the sale of beer, wine and distilled
spirits in grocery stores is consistent with the Commercial Land Use Designation of
the site and it will not adversely impact the Land Use and Community Design
Element policies of the General Plan. The Commercial designation is intended to
permit a wide range of commercial uses, which serve both neighborhood and
citywide markets. The sale of alcohol and extended hours of operation for more than
16 hours (previously from 10:00 AM to 10:00 PM), for an additional five hours up to
11:00 PM, will provide the general public with the convenience of accessing goods
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 6 of 10
and services typically found in close proximity to residential neighborhoods, and the
proposed request will remain as an incidental use to the grocery store. Therefore,
the grocery store along with the sale of alcohol and the extended hours of operation
is consistent with the General Plan and the following policies:
Land Use and Community Design Element
• Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
• Policy LU-6.7: Encourage a balanced distribution of commercial development
throughout the City, ensuring that neighborhoods and districts have adequate
access to local-serving commercial uses.
Another primary goal of the General Plan is to provide the necessary opportunities
for the City to grow and thrive economically while preserving the quality and
character of the single-family residential neighborhoods. Live Oak Avenue is a major
commercial corridor in the city and the proposed request would benefit the City
through increased revenue and employment opportunities. In addition, with the
closing of other grocery stores in the southern portion of the City in the past number
of years, residents have consistently requested that the City encourage full-service
grocery locations be cited along Live Oak Avenue. Alcohol sales and convenient
hours would be expected at such locations.
2. The proposed use is allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable
provisions of the Development Code and the Municipal Code.
Facts to Support This Finding: The subject property is zoned MU, Mixed Use,
which allows for a variety of retail and commercial uses, including grocery stores,
making it a use that is allowed by right in this Zone. Since the sale of the alcoholic
beverages is incidental to the grocery store, and the previous business (Walgreens)
also sold alcohol on this site, the proposed request will not change the
characteristics of the area. As for the additional five hours of operation for more than
16 hours per day and until 11:00 PM, these hours are typical of supermarkets that
provide ongoing services to the residents. Therefore, the proposed request complies
with all the applicable provisions of the Development Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The sale of alcohol will be located within an
existing commercial building and limited to one area of the market, in the southwest
corner, adjacent to the checkout stations, which constitutes less than 5% of the total
sales area of the market. The proposed sale of alcohol will not affect nor change the
way the grocery store is operated. Selling alcohol will not change the operating
characteristics of the grocery store and it will be compatible with other markets that
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 7 of 10
sell alcohol, such as Albertsons, which is located two blocks from this site, and the
7-Eleven just east of this site. If anything, the sale of alcohol would be a
convenience for the shoppers by allowing them to purchase multiple goods in one
location. This will not create any potential negative impacts since on-site
consumption is not allowed and the limited area of alcohol products are located by
the checkout stations to allow maximum staff supervision and regulation of alcohol
sales. The previous business, Walgreens, operated from 10:00 AM to 10:00 PM.
The Applicant’s proposed business hours are from 6:00 AM to 11:00 PM, daily, and
thus proposes only a minor extension of five hours of operation. Additionally, the
proposed business hours are the same as the nearby existing Albertsons store. The
existing 7-Eleven, which is just east of this site, is open 24 hours. A grocery store
with alcohol sales is a common commercial use found near residential
neighborhoods and commercial corridors since it provides goods and services to the
residents. Therefore, the proposal is compatible with the existing uses and future
commercial and mixed-use development in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences,
landscaping, loading, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: The subject site is physically suitable to
accommodate the proposed use because the sale of alcohol will take place
inside the existing commercial building, as part of the grocery store use. There
will be a designated area in the southwest corner of the store where the beer,
wine, and distilled spirits will be displayed on open shelves. There will be no
changes or impacts to fences, landscaping, loading, parking, spaces, walls,
yards, and other features since the proposed use has the same requirements,
including parking, as the previous use that occupied the building. The site is
adequate in size and shape to accommodate the proposed use. The Applicant
submitted a separate Site Plan and Design Review application for the
installation of an outdoor shopping cart corral, but this has no bearing on the
sale of alcohol since it is needed for the grocery store’s general operations. This
application will be reviewed and approved administratively by staff and is not
included in the Project.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical)
access.
Facts to Support This Finding: The property is located along E. Live Oak
Avenue, between 2nd Avenue and Santa Anita Avenue and has access from
either E. Live Oak Avenue or Tyler Avenue. Both streets are adequate in width
and pavement type to carry the traffic generated by the proposed use and
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 8 of 10
emergency vehicles. Therefore, the proposed use will not impact these rights-of-
way.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The proposed use has been reviewed by the
Arcadia Fire and Police Departments, who raised no concerns over this use by
this new potential tenant. Further, no safety concerns were raised by the
previous use when Walgreens sold alcohol at this location.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment,
and disposal, etc.).
Facts to Support This Finding: The subject property is already developed with
an existing commercial building. There are adequate utilities to service this site
and business, so the proposed use will not impact the existing infrastructure as
the site is capable of handling this type of demand. Therefore, no impacts to the
provision of utilities are anticipated.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons, property,
or uses in the vicinity and zone in which the property is located.
Facts to Support This Finding: As a commercial use, the proposed sale of
beer, wine, and distilled spirits for off-site consumption with extended hours of
operation is consistent with the zoning of this site. Allowing the sale of beer,
wine, and distilled spirits for off-site consumption will serve a “public
convenience and necessity” and is in accordance with the City’s policies to
attract new businesses to enhance the economic base. The Applicant will be
required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. ABC has determined that there is an over-concentration of
licenses for this census tract since there are four businesses in the entire tract
that have ABC licenses, while a standard total of two licenses are allowed.
However, it is not unusual to have an over-concentration of ABC licenses in a
commercial area of a city. In fact, the proposed sale of alcohol will improve the
ability of this grocery store to compete with other nearby stores and will not
result in an adverse impact to the neighboring businesses or properties; nor will
it create a public nuisance. The Arcadia Police and Fire Departments have
reviewed the application and did not have any concerns since there is no history
of high criminal activity at this site due to the sale of alcohol. In reviewing the
operation of the previous business, Walgreens, there was no indication that the
sale of alcohol negatively impacted neighboring businesses or residences.
Therefore, the proposed use will not adversely affect the public convenience,
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 9 of 10
health, interest, safety, or general welfare of adjacent uses in the vicinity and
zone of the subject property.
For the reasons stated in this report, it is recommended that the City Council uphold the
decision of the Planning Commission to approve CUP 20-08 to allow the sale of beer,
wine, and distilled spirits for off-site consumption and extended hours of operation for
Grocery Outlet. This can be accomplished by adopting City Council Resolution No.
7333, which will replace the previously approved Planning Commission Resolution No.
2059. Resolution No. 7333 includes conditions of approval for the project.
PLANNING COMMISSION HEARING
On July 14, 2020, the Planning Commission considered CUP 20-08 at a public hearing.
Prior to the start of the meeting, three e-mails in opposition to the Project were received
on behalf of the “Unincorporated Association of Residents,” and these e-mails were
read into the public record. In summary, all five Commissioners were in support of the
project and felt that Grocery Outlet would provide an excellent reuse of the vacant
commercial building.
Commissioner Chan and Commissioner Thompson both thought the Project would be a
good addition to the neighborhood and that it would provide more retail in an area of the
City where it is needed. Commissioner Lin expressed some concern about the
legitimacy of one of the e-mails in opposition to the Project, stating that he did not think
the proposed use would have negative impacts on the neighborhood because Grocery
Outlet’s ABC license would simply replace Walgreens’ previous ABC license and would
not add an additional ABC license to the area. Vice Chair Wilander and Chair Lewis
both spoke in support of the Project and found it to be an appropriate use for the
property. For these reasons, the Planning Commission was unanimously in favor of the
Project.
Commissioner Thompson made a motion to approve the project, subject to the
conditions of approval in the staff report. The motion was seconded by Commissioner
Chan. The Planning Commission voted unanimously to approve the Project – refer to
Attachment Nos. 3 and 4 for the Planning Commission Minutes for the July 14, 2020,
Meeting and Staff Report for the July 14, 2020, Planning Commission Meeting.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 1 Exemption for Existing Facilities from the
requirements of the California Environmental Quality Act (“CEQA”) under Section 15301
of the CEQA Guidelines as it concerns adding alcohol sales to an existing permitted use
that previously sold off-site alcohol and so is considered a negligible or no expansion of
the use. Refer to Attachment No. 6 for the Preliminary Exemption Assessment.
Resolution No. 7333 – Appeal of CUP 20-08
September 15, 2020
Page 10 of 10
PUBLIC NOTICE/COMMENTS
Public hearing notices for this item were mailed on September 3, 2020, to the property
owners of those properties that are located within 300 feet of the subject property.
Pursuant to the provisions of CEQA, the public hearing notice was published in the
Arcadia Weekly on September 3, 2020. As of the date of this Staff Report, staff has not
received any public comments.
FISCAL IMPACT
Any decision on the appeal would not have a significant fiscal impact.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 7333, upholding the
Planning Commission’s approval of Conditional Use Permit No. CUP 20-08 with a
categorical exemption under the California Environmental Quality Act (“CEQA”) to allow
the sale of beer, wine, and distilled spirits for off-site consumption and extended hours
of operation for Grocery Outlet at 140 E. Live Oak Avenue.
Attachment No. 1: Resolution No. 7333, including conditions of approval
Attachment No. 2: Appeal Application dated July 14, 2020
Attachment No. 3: Planning Commission Meeting Minutes for the July 14, 2020
Meeting
Attachment No. 4: Staff Report for the July 14, 2020 Planning Commission Meeting,
including all the Attachments
Attachment No. 5: Architectural Plans approved by the Planning Commission July 14,
2020
Attachment No. 6: Preliminary Exemption Assessment
Attachment No. 2
Attachment No. 3
DATE: July 14, 2020
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Christine Song, Associate Planner
SUBJECT: RESOLUTION NO. 2059 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 20-08 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE
SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE
CONSUMPTION AND EXTENDED HOURS OF OPERATION FOR A NEW
GROCERY STORE (DBA: GROCERY OUTLET) AT 140 E. LIVE OAK
AVENUE
Recommendation: Adopt Resolution No. 2059
SUMMARY
The Applicant, Grocery Outlet, is requesting approval of Conditional Use Permit
Application No. CUP 20-08 to allow the sale of beer, wine, and distilled spirits for off-site
consumption and extended hours of operation, for more than 16 hours per day for a new
grocery store within an existing 14,490 square foot commercial building at 140 E. Live
Oak Avenue. It is recommended that the Planning Commission adopt Resolution No.
2059 (refer to Attachment No. 1) and find that the project is Categorically Exempt under
CEQA and approve CUP 20-08, subject to the conditions listed in this staff report.
BACKGROUND
The subject property is a 1.5 acre (66,912 square feet) lot developed with a one-story,
14,490 square foot commercial building (see Figure 1). It was formally occupied by
Walgreens, which closed in December 2019. The property is located along E. Live Oak
Avenue, between 2nd Avenue and Santa Anita Avenue, and has access from either E.
Live Oak Avenue or Tyler Avenue. The property shares a parking lot with the adjacent
parcel to the east, which is developed with a drive-thru restaurant (Jack-in-the-Box). The
project site is zoned Mixed Use, MU, with a General Plan Land Use Designation of Mixed
Use - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos
of the subject property. The property is surrounded by commercial uses to the north, west,
Attachment No. 4
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 2 of 9 N a vacant commercial zoned property to the east and adjacent to this property, and single
family residences to the south in the unincorporated area of Los Angeles County (outside
of Arcadia city limits).
In 2005, the Planning Commission approved Conditional Use Permit No. CUP 05-15 to
allow a new Walgreens pharmacy and drug store with a drive-thru pharmacy without the
sale of alcohol. In January of 2015, Walgreens applied for an Amendment to their CUP
to allow for the sale of beer and wine only – with a Type 20 license from the California
Department of Alcoholic Beverage Control (ABC), which was approved by the Planning
Commission. However, when the business closed in 2019 Walgreens chose not to
transfer their ABC license to Grocery Outlet. As a result, the Grocery Outlet is applying
for a new permit as they plan to takeover this space and convert it into a grocery store.
PROPOSAL
The Applicant, Grocery Outlet, is requesting approval of a Conditional Use Permit (CUP)
to allow the sale of beer, wine, and distilled spirits with a Type 21 (Off-Sale General)
license from ABC and extended hours of operation, to operate for more than 16 hours per
day for a new grocery store. The proposed business hours are from 6:00 a.m. to 11:00
p.m., daily.
The existing 14,490 square foot commercial building is currently vacant and was
previously occupied by a Walgreens pharmacy and drugstore. Grocery Outlet is a
franchise chain of grocery stores that offers discounted groceries and household products
Figure 1 - Aerial of subject site
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 3 of 9
that are of name brands. The company has over 300 stores nationwide with nearest
locations in San Gabriel, Rosemead, and Duarte. The project site will require minor tenant
improvements to accommodate the grocery store use such as installation of walk-in
refrigeration, wall racks and shelves, replacement of existing doors, remodeling of unisex
restrooms, and construction of an outdoor shopping cart corral. New signage will be
reviewed through a separate Design Review application, as noted in the conditions of
approval.
The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store
with the alcohol section in the southwest corner, adjacent to the checkout stations.
Grocery Outlet sells a wide variety of craft beers, wines, and distilled spirits which are
typically displayed on open shelves at all their store locations (see Figure 2).
ANALYSIS
The Development Code states
that any business selling
alcoholic beverages for off-site
consumption, which is open for
more than 16 hours per day (or
between midnight and 6:00 a.m.)
and is located less than 150 feet
from residentially zoned property
is subject to a Conditional Use
Permit (CUP). The purpose of
the CUP is to ensure that the
proposed alcohol sales is an
appropriate use for the property
and is compatible with other uses
in the surrounding neighborhood.
The subject property shares a
parking lot with the adjacent parcel to the east, which is developed with a drive-thru
restaurant (Jack-in-the-Box). The existing on-site parking spaces meet the current Code
requirements and provide sufficient parking for both commercial uses. The Applicant will
occupy an existing building that was previously occupied by Walgreens, who was
approved to sell beer and wine under a Type 20 ABC License.
The sale of beer, wine, and distilled spirits for off-site consumption with extended hours
of operation can be found at almost all conventional grocery stores and is not an unusual
request. As a retail use, the proposed sale of alcohol is consistent with the MU zoning of
this site. Allowing this use would not result in an adverse impact to the neighboring
businesses or properties since all development standards will be met and on-site
consumption will not be permitted. Allowing the sale of beer, wine, and distilled spirits for
off-site consumption will serve a “public convenience and necessity” and the Applicant
will be required to comply with the California Department of Alcoholic Beverage Control
(“ABC”) regulations. With regards to public safety issues, the Fire Department, Police
Figure 2 – Photo of a Grocery Outlet Store Alcohol Sales Section
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 4 of 9
Department, and Building Services have reviewed the CUP application and no objections
or concerns were raised by any of the departments for the proposed use.
FINDINGS
Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions can
be satisfied:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: Approval of the sale of beer, wine and distilled spirits
in grocery stores is consistent with the Commercial Land Use Designation of the site
and it will not adversely impact the objectives of the General Plan. The Commercial
designation is intended to permit a wide range of commercial uses, which serve both
neighborhood and citywide markets. The sale of alcohol and extended hours of
operation for more than 16 hours, but up until 11:00 PM will provide the general public
the goods and services typically found near residential neighborhoods, and the
proposed request will remain as an incidental use to the grocery store. Therefore, the
grocery store along with the sale of alcohol and the extended hours of operation is
consistent with the General Plan and the following policy:
Land Use and Community Design Element
x Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
2. The proposed use is allowed within the applicable zone, subject to the granting
of a Conditional Use Permit, and complies with all other applicable provisions
of the Development Code and the Municipal Code.
Facts to Support This Finding: The subject property is zoned MU, Mixed Use, which
allows for a variety of retail and commercial uses, including a grocery store that is
allowed by-right in this zone. Since the sale of the alcoholic beverages is incidental to
the grocery store, and the previous business (Walgreens) also sold alcohol on this
site, the proposed request will not change the characteristics of the area. As for the
extended hours of operating for more than 16 hours per day and until 11:00 p.m.,
these hours are typical of supermarkets to provide ongoing services to the residents.
Therefore, the proposed request complies with all the applicable provisions of the
Development Code and Municipal Code.
3. The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The sale of alcohol will be located within an existing
commercial building and limited to one area of the market. The proposed sale of
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 5 of 9
alcohol will not affect nor change the way a grocery store is operated. Selling alcohol
will not change the operating characteristics of a grocery store and it will be compatible
with other markets that sell alcohol such as Albertsons, which is located two blocks
from this site, or the 7-Eleven just east of this site. If anything, this would be more of
a convenience for the shoppers to purchase multiple goods in one location. This will
not create any potential negative impacts since on-site consumption is not allowed.
The Applicant’s proposed business hours are from 6:00 a.m. – 11:00 p.m., daily, which
is the same as the nearby Albertsons store. The 7-Eleven which is just east of this site
is open 24 hours. A grocery store with alcohol sales is a common commercial use
found near residential neighborhoods and commercial corridors since it provides
goods and services to the residents. Therefore, the proposal is compatible with the
existing and future land uses in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences,
landscaping, loading, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Facts to Support This Finding: The subject site is physically suitable to
accommodate the proposed use because the sale of alcohol will take place inside
the existing commercial building as part of the grocery store use. There will be a
designated area in the southwest corner of the store where the beer, wine, and
distilled spirits will be displayed on open shelves. There will be no changes or
impacts to parking since the proposed use has the same parking requirement as
the previous use that occupied the building. The site is adequate in size and shape
to accommodate the proposed use, as there will be no exterior changes to the
existing building.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access.
Facts to Support This Finding: The property is located along E. Live Oak
Avenue, between 2nd Avenue and Santa Anita Avenue and has access from
either E. Live Oak Avenue or Tyler Avenue. Both streets are adequate in width
and pavement type to carry the traffic generated by the proposed use and
emergency vehicles. Therefore, the proposed use will not impact these rights-of-
way.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The proposed use has been reviewed by the
Arcadia Fire and Police Departments and no safety concerns were raised from
the previous use when Walgreens sold alcohols and under this new potential
tenant.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 6 of 9
d. The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and
disposal, etc.).
Facts to Support This Finding: The subject property is developed with an
existing commercial building. There are adequate utilities to service this site and
business, so the proposed use will not impact the existing infrastructure as the
site is capable of handling this type of demand. Therefore, no impacts to the
provision of utilities are anticipated.
5. The measure of site suitability shall be required to ensure that the type, density,
and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance,
or be materially injurious to the improvements, persons, property, or uses in the
vicinity and zone in which the property is located.
Facts to Support This Finding: As a commercial use, the proposed sale of beer,
wine, and distilled spirits for off-site consumption with extended hours of operation
is consistent with the zoning of this site. Allowing the sale of beer, wine, and
distilled spirits for off-site consumption will serve a “public convenience and
necessity” and is in accordance with the City’s policies to attract new businesses
to enhance the economic base. It will improve the ability of this grocery store to
compete with other nearby stores and will not result in an adverse impact to the
neighboring businesses or properties; nor will it create a public nuisance. The
Applicant will be required to comply with the California Department of Alcoholic
Beverage Control (“ABC”) regulations. In addition, the Arcadia Police and Fire
Departments have reviewed the application and did not have any concerns.
Therefore, the proposed use will not adversely affect the public convenience,
health, interest, safety, or general welfare of adjacent uses in the vicinity and zone
of the subject property.
ENVIRONMENTAL ANALYSIS
It has been determined that the project qualifies as a Class 1 Categorical Exemption per
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No.
4).
PUBLIC NOTICE
Public hearing notices for this item were mailed to the owners of those properties that are
located within 300 feet of the subject property and published in Arcadia Weekly on July 2,
2020. As of July 9, 2020, staff has not received any comments or concerns from the public.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 7 of 9
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2059 and find
that this project is Categorically Exempt under the California Environmental Quality Act
(CEQA), and approve Conditional Use Permit No. CUP 20-08 subject to the following
conditions of approval:
1. The use approved by Conditional Use Permit No. CUP 20-08 is limited to the sale
of beer, wine, and distilled spirits (Type 21 ABC license), for off-site consumption
within an existing 14,490 square foot commercial building. No on-site consumption
is permitted with this approval. The business shall be operated and maintained in
a manner that is consistent with the proposal and plans submitted and approved
for CUP 20-08, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted by the Planning &
Community Development Administrator, or designee, after due notice to address
any adverse impacts to the neighboring businesses and properties.
2. The business hours shall be limited to 6:00 a.m. to 11:00 p.m., daily.
3. No exterior changes to the existing building are permitted with this approval. Any
exterior changes to the building shall be subject to a Site Plan and Design Review
application.
4. No exterior signage is permitted with this approval. Any new exterior signage shall
be subject to a sign permit.
5. There shall be no excessive loitering in front of the business.
6. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 8 of 9
Any changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees, and may be subject to building permits.
8. Noncompliance with the plans, provisions and conditions of approval for CUP 20-
08 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
9. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City
of Arcadia and its officials, officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officials, officers,
employees or agents to attack, set aside, void, or annul any approval or conditional
approval of the City of Arcadia concerning this project and/or land use decision,
including but not limited to any approval or conditional approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time period
provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the Applicant
of any claim, action, or proceeding concerning the project and/or land use decision
and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its
officials, officers, employees, and agents in the defense of the matter.
10. Approval of CUP 20-08 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
Applicant have executed and filed with the Planning & Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
pass a motion to approve Conditional Use Permit No. CUP 20-08, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2059 that
incorporates the requisite environmental and Conditional Use Permit findings and the
conditions of approval as presented in this staff report, or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should pass
a motion to deny Conditional Use Permit Application No. CUP 20-08; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff to
prepare a resolution for adoption at the next meeting that incorporates the Commission’s
decision and specific findings.
Resolution No. 2059 - CUP 20-08
140 E. Live Oak Avenue
July 14, 2020
Page 9 of 9
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 14, 2020, hearing, please contact Associate Planner
Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2059
Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property
Attachment No. 3: Architectural Plans
Attachment No. 4: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2059
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information &
Photos of the Subject Property
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
MU
Number of Units:
MU
Property Characteristics
2007
14,413
0
WALGREEN CO LESSEE MEEKER FAMILY PARTNERS LP LESSOR
Site Address:
Parcel Number: 8573-024-031
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
N/A
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated 12-Jun-2020
Page 1 of 1
Grocery Outlet
140 E. Live Oak Avenue, Arcadia, CA
Aerial Photo
Aerial Photo Close In
Grocery Outlet
140 E. Live Oak Avenue, Arcadia, CA
Front of Store
Back of the Store
Attachment No. 3
Attachment No. 3
Architectural Plans
PROPOSED GROCERY OUTLETRENEWALDATE&SM.HEALICENSEDARCHITECTSTATEOFCALIFORNIATHINNE DPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/13/2020 10:23:22 AMA100SITE PLAN - FORREFERENCE ONLY140 LIVE OAK AVEARCADIA, CA 91006ILCI54367XXX1" = 1'-0"EXISTING SITE PLAN - FOR REFERENECE ONLY1NOT TO SCALE
127( 6,*10867%(3267(',1$3/$&(7+$7,6&/($5/<9,6,%/(723$752162)7+(/,&(16(635(0,6(66,*1$*(/(77(566+$//%(0,1,1+(,*+7$1'6(7$*$,167$&2175$67,1*%$&.*5281'1223(1$/&2+2/,&%(9(5$*(&217$,1(56$5($//2:('217+(6(35(0,6(6
127( 6,*10867%(3267(',1$3/$&(7+$7,6&/($5/<9,6,%/(723$752162)7+(/,&(16(635(0,6(66,*1$*(/(77(566+$//%(0,1,1+(,*+7$1'6(7$*$,167$&2175$67,1*%$&.*5281'12/2,7(5,1*,6$//2:(',1)52172)7+(6(35(0,6(6PT6FINISH LEGENDEXTERIOR WALLSMFR: BENJAMIN MOORECOLOR: SHORELINE #1471PT7MFR: BENJAMIN MOORECOLOR: GRAYSTONE #1475PT8MFR: BENJAMIN MOORECOLOR: KENDALL CHARCOAL #HC-166SHEET NOTES1. POWER WASH EXISTING EXTERIOR WALL PRIOR TO APPLICATION OF NEW PAINT.2. PATCH AND REPAIR ANY DAMAGE WALLS AS REQUIRED PRIOR TO APPLICATION OF NEW PAINT OR FINISH.3. SEE DETAILS 6 & 7/A301 FOR SIGNAGE TO BE ADDED.FINISH FLOOR0'-0"ABCDE(N) CART CORRAL BY GO(E) BRICK FEATURE TO REMAIN, TYPPT6PT6PT8PT8PT6PT8(E) CLAY TILE ROOF TO REMAIN(E) CLAY TILE ROOF TO REMAINSIGNAGE BY SIGN VENDOR, UNDER SEPARATE SUBMITTALPT6PT8PT7PT7(E) OVERHANG TO REMAINTO PARAPIT24'-0"TO STOREFRONT9'-0"(E) STONE FEATURE TO REMAIN, TYPPT7TO MEAT COOLER8'-0"FINISH FLOOR0'-0"ABCDENEW WALL OPENING TO ACCOMODATE NEW LOADING DOOR (9'-0"W X 10'-0"H) ON-GRADE(E) ROLL-UP DOOR TO BE REMOVED, INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BRICK FEATURE TO REMAIN, TYP(N) BALE STORAGEPT6PT6PT8PT8PT6(E) CLAY TILE ROOF TO REMAINPT7PT7PT7TO PARAPIT24'-0"TO STOREFRONT9'-0"FINISH FLOOR0'-0"1234(E) PHARMACY OVERHANG TO BE REMOVED INFILL AND PATCH WALL TO MATCH ADJACENT(E) PHARMACY PICK-UP WINDOW TO BE REMOVED INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BOLLARDS TO BE REMOVEDNEW EXIT DOOR, ON-GRADE(CONFIRM WITH GO IF THIS IS REQUIRED)(E) BRICK FEATURE TO REMAIN, TYPPT6PT8PT8PT6PT7TO PARAPIT24'-0"TO STOREFRONT9'-0"FINISH FLOOR0'-0"1234SIGNAGE BY SIGN VENDOR, UNDER SEPARATE SUBMITTAL(E) BRICK FEATURE TO REMAIN, TYPPT6PT6PT6PT8PT8(E) CLAY TILE ROOF TO REMAIN(E) CLAY TILE ROOF TO REMAINPT6PT8PT7PT7(E) OVERHANG TO REMAINTO PARAPIT24'-0"TO STOREFRONT9'-0"(E) STONE FEATURE TO REMAIN, TYPPT7RENEWALDATE&SM.HEALICENSEDARCHITECTSTATEOFCALIFORNIATHINNE DPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/13/2020 10:23:52 AMA301EXTERIORELEVATIONS - FORREFERENCE ONLY140 LIVE OAK AVEARCADIA, CA 91006ILCI54367XXX1/4" = 1'-0"EXISTING EXTERIOR PHOTOS (FOR REFERENCE ONLY)5NOT TO SCALE1/8" = 1'-0"NORTH EXTERIOR ELEVATION11/8" = 1'-0"SOUTH EXTERIOR ELEVATION21/8" = 1'-0"WEST EXTERIOR ELEVATION31/8" = 1'-0"EAST EXTERIOR ELEVATION41" = 1'-0"NO ALCOHOLIC BEVERAGE SIGN61" = 1'-0"NO LOITERING SIGN7
(E) DOOR TO REMAIN, ON-GRADE(E) ROLL-UP DOOR TO BE REMOVED, INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) DOOR TO BE REMOVED, INFILL AND PATCH WALL, MATCH ADJACENT.(E) DOORS TO REMAIN(E) TRASH CHUTE OPENING TO BE REMOVED INFILL & PATCH WALL OPENING, MATCH ADJACENT.(E) ROOF ACCESS LADDER TO BE RELOCATED12345COKEGOIPEPSIGOICOKETYP3'-3"51"4-Tr51"4-Tr51"4-Tr51"4-Tr51"4-Tr51"4-TrICE CASE12' B & W CASEBACK OFFICE104 SQ. FT.FRONT OFFICE143 SQ. FT.WINE WINE WINE WINE WINEWINE TABLE WINE TABLE7'-0"5'-10"21 FT SEASONAL48" 48" 36" 36" 36" 48"PROD EUROPROD EUROFISHMEAT PRODBUNKERS5'-0"TYP4'-0"3'-2"5'-6"BARGAIN
PROMO
BARGAIN
PROMO
BARGAIN
PROMO
84"84"84"ADA CARTFLORAL FLORAL9'-0"11'-0"8'-7"4'-6"BORRAY BINBORRAY BINBORRAY BINSODA / WATER / PET72X30 UPRIGHTSWINE4'-8"102"102"102"42"X72"(2) TIERBARGAIN PROMO84"4'-0"4'-9"3'-10"102"102"9'-0"BREAK AREA179 SQ. FT.UNISEX63 SQ. FT.UNISEX63 SQ. FT.HALLWAY 93 SQ. FT.1'-1"9'-0"9'-2"12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT PRODUCE 12 FT PRODUCE12 FT SALAD 12 FT MEAT2'-3"6'-7"BAKERY TABLEBANANA TREENEW WALL OPENING TO ACCOMODATE NEW LOADING DOOR (9'-0"W X 10'-0"H)ON-GRADEAHU (SUSPENDED)102"2- Tr102"2- Tr102"2- Tr72"1- TrDAIRY COOLER585 SQ. FT.(10 DOORS)102"1- Tr102"1- Tr102"2- Tr102"2- Tr102"2- TrFREEZER 360 SQ. FT.MEAT COOLER 212 SQ. FT.102"1- Tr102"1- TrMEAT SCALEWINEEXISTING ELECTRICAL ROOM 104 SQ.FT.(E) ELECTRICAL EQUIP. ROOM 26 SQ.FT.1234ABCDE35'-10" 34'-8" 33'-2" 34'-4"138'-0"33'-0" 36'-0" 36'-0"9'-1"PROD SLANT RACKS7'-0"9'-7"8'-0"BALERCHARGING STATIONS & EYEWASHSTOCK 1,579 SQ. FT.SALES 10,052 SQ. FT.12'-0"MERCHANDISING CREEPS(N) CART CORRAL BY GOEXISTING SIDEWALK(E) FLUSH CURB TO REMAIN7'-0"7'-0"124678(E) FLOOR DRAIN TO BE REMOVED, CAP (E) LINE AS REQUIRED(E) SINK TO BE REMOVED, CAP (E) LINE AS REQUIRED9'-0"PROPOSED CONCRETE PAD EXTENSIONBALE STORAGE 136 SQ. FT.NEW EXIT DOOR, ON-GRADE(CONFIRM WITH GO IF THIS IS REQUIRED)13'-3"8'-2"EXISTING SIDEWALK(2) WAY DRIVE AISLE(E) WATER HEATER TO BE REMOVED(E) SPRINKLER RISER TO REMAIN(E) SOFFIT TO BE REMOVEDSLOPE DOWN (E) TRASH ENCLOSURE 113 SQ. FT.PROPOSED HOSE BIB LOCATIONFIRE RISER ROOM 62 SQ. FT.(E) CHARGING STATION TO REMAIN(E) TRUNCATED DOMES SURFACE TO REMAIN(E) PHARMACY OVERHANG TO BE REMOVED INFILL AND PATCH WALL TO MATCH ADJACENT(E) OVERHANG TO REMAIN(E) OVERHANG TO REMAIN(E) OVERHANG TO REMAIN36"9'-0"BEER TABLE WINE TABLE5'-6"(E) PHARMACY PICK-UP WINDOW TO BE REMOVED INFILL AND PATCH WALL OPENING, MATCH ADJACENT. (E) BOLLARDS TO BE REMOVEDNEW ROOF ACCESS LADDER BY GO72"36"36"5'-11"JANITOR'S/ EVAC72 SQ.FT.2'-0"NOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNEW EQUIPMENT PLATFORM ABOVE BY GO (FOOTPRINT SHOWN HATCHED); TOP OF PLATFORM @ 9'-6" AFF.NEW EQUIPMENT PLATFORM ACCESS LADDER BY GO4'-0"102"1- TrFRTIO LAY FRITO LAY7'-0"8'-6"10'-2"3(E) COLUMN TO REMAIN102" 102" 84" 84"BORRAY BINS42"X72"(2) TIER7'-0"7'-6"24"X60"24"X48"6'-0"7'-0"542"X72"(2) TIER102" 102"42"X72"(2) TIER84" 84"28"X48"GM GM GM GM GM GM GM GM6'-10"102" 102" 84" 84"42"X72"(2) TIER42"X72"(2) TIER24"X60"28"X48"6'-10"102"102" 102" 102"2 DRREACH-IN2 DRREACH-IN4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN6'-10"4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN2 DRREACH-IN102"102" 102" 102"2 DRREACH-IN12'-3"7'-0"102"102"102"102"102"102"72"72"42"X72"(2) TIER42"X72"(2) TIER7'-0"7'-1"7'-6"7'-10"8'-4"7'-9"5'-4"3'-2"2'-8"10'-8"105'-0"4'-5"2'-0"7'-0"2'-6"3'-0"36"5'-1"2'-9"8'-5"7'-0"5'-0"5'-0"7'-4"72"1- TrGROCERY OUTLET - STORE #XXXXARCADIA (LIVE OAK), CAFINAL VERSION #7 - 04/08/20BUILDING AREAS (GROSS)SALE 10,309 SQ.FT.B.O.H.UTILITES (RESTROOMS, OFFICES, HALLWAY & 832 SQ.FT.EMPLOYEE/ BREAK AREA)STOCK + RECEIVING + VOID 3,236 SQ.FT.SHELL 14,377 SQ.FT.BUILDING AREAS (NET)MERCHANDISING 10,052 SQ.FT.STOCK ROOM #1 & #2 &RECEIVING(EXCLUDING WALK-INS & 1,579 SQ.FT.JANITOR'S/ EVAC AREA)LEGENDSYMBOL DESCRIPTIONBUMPBRASS BELL (AT CHECKSTAND #1)ECO BAG GRIDS (3 PER PLAN)ABS BROOM HOLDERS (4 PER PLAN AT CLEANER AISLE)APPAREL RACKS (PROMOTIONAL EVENTS)BUMP OUT SECTIONS (12 @ HBC - PER PLAN)SECURITY CAMERA (SINGLE DIRECTION)SECURITY CAMERA (360 DEGREE)GENERAL MERCH HBC PERIMETERSEASONAL CANDY PERIMETERINT. SIGNAGE WINE PERIMETERALCOHOL SALES HOLDING BOXESBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 24"SAHARA COLORBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 20"SAHARA COLORBO LIGHTING @ 14'-0"BASE DECKS 24"SHELVES 20"BLACK COLORBEER & WINEALLOCATED FLOOR AREA: 395 SFRATIO TOTOTAL SALES FLOOR: 3.9%FREEZER: 360 SFDAIRY: 585 SFMEAT: 212 SFREFRIGERATION SYSTEMTRADITIONALPROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m4/17/2020 8:43:10 AMFIXTFIXTURE PLANMERCH. LABELS140 LIVE OAK AVEARCADIA, CA 91006AuthorChecker54367XXX),1$/904/17/20 FOR CUP EXHIBITPLAN NORTHTRUE NORTHSPIRITSSPIRITS
Attachment No. 4
Attachment No. 4
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: CUP 20-08 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer, wine, and distilled spirits for
off-site consumption at 140 E. Live Oak Avenue.
2. Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
140 E. Live Oak Avenue
(cross streets: E. Live Oak Avenue and Tyler Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Grocery Outlet
(2) Address 26023 Jefferson Ave., Suite D
Murrieta CA 92562
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental
assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility)
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise
exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date:
June 25, 2020
Staff:
Christine Song, Associate Planner
PROPOSED
GROCERY OUTLET
RENEWAL
DATE
&
S M.HEALICENSEDARCHITE
C
T
S
T
ATEOF CA L I F O RNIA
T
HINNED
PROJECT ADDRESS:
CONSULTANTS:
SEAL
AOR PROJECT #:
REVIEWED BY:
DRAWN BY:
STORE NUMBER
ISSUED DATES
NO. DATE: DESCRIPTION:
DRAWING DESCRIPTION:
SHEET NUMBER
ARCHITECT
9 6 0 A t l a n t i c A v e n u e
A l a m e d a , C A 9 4 5 0 1
5 1 0 8 6 5 8 6 6 3
m b h a r c h . c o m
4/13/2020 10:23:22 AM
A100
SITE PLAN - FOR
REFERENCE ONLY
140 LIVE OAK AVE
ARCADIA, CA 91006
IL
CI
54367
XXX
1" = 1'-0"
EXISTING SITE PLAN - FOR REFERENECE ONLY1NOT TO SCALE
Attachment No. 5
127(
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6,*1$*(/(77(56
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+(,*+7$1'6(7
$*$,167$&2175$67,1*%$&.*5281'
1223(1
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35(0,6(6
127(
6,*10867%(3267(',1$3/$&(7+$7,6&/($5/<9,6,%/(723$752162)7+(/,&(16(635(0,6(6
6,*1$*(/(77(566+$//%(0,1,1+(,*+7$1'6(7$*$,167$&2175$67,1*%$&.*5281'12
/2,7(5,1*
,6$//2:('
,1)52172)
7+(6(
35(0,6(6
PT6
FINISH LEGEND
EXTERIOR WALLS
MFR: BENJAMIN MOORE
COLOR: SHORELINE #1471
PT7 MFR: BENJAMIN MOORE
COLOR: GRAYSTONE #1475
PT8 MFR: BENJAMIN MOORECOLOR: KENDALL CHARCOAL #HC-166
SHEET NOTES
1. POWER WASH EXISTING EXTERIOR WALL PRIOR TO APPLICATION OF NEW PAINT.
2. PATCH AND REPAIR ANY DAMAGE WALLS AS REQUIRED PRIOR TO APPLICATION OF
NEW PAINT OR FINISH.3. SEE DETAILS 6 & 7/A301 FOR SIGNAGE TO BE ADDED.
FINISH FLOOR
0'-0"
ABCDE
(N) CART CORRAL BY GO (E) BRICK FEATURE TO REMAIN, TYP
PT6PT6 PT8PT8
PT6 PT8
(E) CLAY TILE ROOF TO REMAIN
(E) CLAY TILE ROOF TO REMAINSIGNAGE BY SIGN VENDOR, UNDER
SEPARATE SUBMITTAL
PT6 PT8 PT7PT7(E) OVERHANG TO REMAIN
TO PARAPIT
24'-0"
TO STOREFRONT
9'-0"
(E) STONE FEATURE
TO REMAIN, TYPPT7
TO MEAT COOLER
8'-0"
FINISH FLOOR
0'-0"
A B C D E
NEW WALL OPENING TO ACCOMODATE NEW
LOADING DOOR (9'-0"W X 10'-0"H) ON-GRADE
(E) ROLL-UP DOOR TO BE REMOVED, INFILL
AND PATCH WALL OPENING, MATCH ADJACENT.
(E) BRICK FEATURE TO REMAIN, TYP(N) BALE STORAGE
PT6 PT6PT8PT8
PT6
(E) CLAY TILE
ROOF TO REMAIN
PT7 PT7 PT7
TO PARAPIT
24'-0"
TO STOREFRONT
9'-0"
FINISH FLOOR
0'-0"
1234
(E) PHARMACY OVERHANG TO BE
REMOVED INFILL AND PATCH WALL TO MATCH ADJACENT
(E) PHARMACY PICK-UP WINDOW TO
BE REMOVED INFILL AND PATCH
WALL OPENING, MATCH ADJACENT.
(E) BOLLARDS TO BE REMOVED
NEW EXIT DOOR, ON-GRADE
(CONFIRM WITH GO IF THIS IS REQUIRED)
(E) BRICK FEATURE TO REMAIN, TYP
PT6 PT8PT8PT6
PT7
TO PARAPIT
24'-0"
TO STOREFRONT
9'-0"
FINISH FLOOR
0'-0"
1 2 3 4
SIGNAGE BY SIGN
VENDOR, UNDER
SEPARATE SUBMITTAL
(E) BRICK FEATURE TO REMAIN, TYP
PT6
PT6
PT6PT8 PT8
(E) CLAY TILE ROOF TO REMAIN
(E) CLAY TILE
ROOF TO REMAIN
PT6 PT8 PT7PT7 (E) OVERHANG TO REMAIN
TO PARAPIT
24'-0"
TO STOREFRONT
9'-0"
(E) STONE FEATURE
TO REMAIN, TYP PT7
RENEWAL
DATE
&
S M.HEALICENSEDARCHITE
C
T
S
T
ATEOF CA L I F O RNIA
T
HINNED
PROJECT ADDRESS:
CONSULTANTS:
SEAL
AOR PROJECT #:
REVIEWED BY:
DRAWN BY:
STORE NUMBER
ISSUED DATES
NO. DATE: DESCRIPTION:
DRAWING DESCRIPTION:
SHEET NUMBER
ARCHITECT
9 6 0 A t l a n t i c A v e n u e
A l a m e d a , C A 9 4 5 0 1
5 1 0 8 6 5 8 6 6 3
m b h a r c h . c o m
4/13/2020 10:23:52 AM
A301
EXTERIOR
ELEVATIONS - FOR
REFERENCE ONLY
140 LIVE OAK AVE
ARCADIA, CA 91006
IL
CI
54367
XXX
1/4" = 1'-0"
EXISTING EXTERIOR PHOTOS (FOR REFERENCE ONLY)5 NOT TO SCALE1/8" = 1'-0"
NORTH EXTERIOR ELEVATION1
1/8" = 1'-0"
SOUTH EXTERIOR ELEVATION2
1/8" = 1'-0"
WEST EXTERIOR ELEVATION3
1/8" = 1'-0"
EAST EXTERIOR ELEVATION4
1" = 1'-0"
NO ALCOHOLIC BEVERAGE SIGN6 1" = 1'-0"
NO LOITERING SIGN7
(E) DOOR TO REMAIN,
ON-GRADE
(E) ROLL-UP DOOR TO BE
REMOVED, INFILL AND PATCH
WALL OPENING, MATCH
ADJACENT.
(E) DOOR TO BE REMOVED,
INFILL AND PATCH WALL, MATCH
ADJACENT.
(E) DOORS TO REMAIN
(E) TRASH CHUTE OPENING TO
BE REMOVED INFILL & PATCH
WALL OPENING, MATCH ADJACENT.
(E) ROOF ACCESS LADDER
TO BE RELOCATED
12345
COKEGOIPEPSIGOICOKE
TYP
3'-3"
51"
4-Tr
51"
4-Tr
51"
4-Tr
51"
4-Tr
51"
4-Tr
51"
4-TrICE CASE12' B & W CASE
BACK OFFICE
104 SQ. FT.
FRONT OFFICE
143 SQ. FT.WINE WINE WINE WINE WINEWINE TABLE WINE TABLE
7'-0"5'-10"21 FT SEASONAL
48" 48" 36" 36" 36" 48"
PROD
EURO
PROD
EUROFISHMEAT PROD
BUNKERS
5'-0"TYP
4'-0"3'-2"5'-6"BARGAIN PROMOBARGAIN PROMOBARGAIN PROMO84"84"84"ADA
CART FLORAL FLORAL9'-0"11'-0"
8'-7"
4'-6"
BORRAY
BIN
BORRAY
BIN
BORRAY
BIN
SODA / WATER / PET72X30 UPRIGHTS
WINE 4'-8"102"102"102"42"X72"
(2) TIER
BARGAIN PROMO
84"
4'-0"4'-9"
3'-
1
0
"102"102"9'-0"
BREAK AREA
179 SQ. FT.
UNISEX
63 SQ. FT.
UNISEX
63 SQ. FT.
HALLWAY
93 SQ. FT.1'-1"9'-0"9'-2"
12 FT DELI CASE HIGH PROFILE 12 FT DELI CASE HIGH PROFILE 12 FT DELI CASE HIGH PROFILE
12 FT PRODUCE 12 FT PRODUCE
12 FT SALAD 12 FT MEAT
2'-3"6'-7"BAKERY
TABLE
BANANA
TREE
NEW WALL OPENING TO ACCOMODATE
NEW LOADING DOOR
(9'-0"W X 10'-0"H)
ON-GRADE
AHU (SUSPENDED)
102"2- Tr
102"2- Tr
102"2- Tr
72"1- Tr
DAIRY COOLER
585 SQ. FT.
(10 DOORS)
102"1- Tr
102"1- Tr
102"
2- Tr
102"
2- Tr
102"
2- Tr
FREEZER
360 SQ. FT.
MEAT COOLER 212 SQ. FT.
102"
1- Tr
102"
1- Tr
MEAT SCALE
WINEEXISTING
ELECTRICAL ROOM
104 SQ.FT.
(E) ELECTRICAL EQUIP. ROOM
26 SQ.FT.
1 2 3 4
A
B
C
D
E 35'-10" 34'-8" 33'-2" 34'-4"138'-0"33'-0" 36'-0" 36'-0"9'-1"PROD SLANT
RACKS
7'-0"9'-7"8'-0"BALERCHARGING
STATIONS &
EYEWASH STOCK
1,579 SQ. FT.
SALES
10,052 SQ. FT.12'-0"MERCHANDISING
CREEPS (N) CART CORRAL BY GOEXISTING
SIDEWALK
(E) FLUSH CURB
TO REMAIN
7'-0"7'-0"
124678
(E) FLOOR DRAIN TO BE
REMOVED, CAP (E) LINE
AS REQUIRED
(E) SINK TO BE REMOVED,
CAP (E) LINE AS
REQUIRED
9'-0"PROPOSED CONCRETE
PAD EXTENSION
BALE STORAGE
136 SQ. FT.
NEW EXIT DOOR, ON-GRADE
(CONFIRM WITH GO IF THIS
IS REQUIRED)13'-3"8'-2"EXISTING SIDEWALK(2) WAY DRIVE AISLE(E) WATER HEATER TO BE REMOVED
(E) SPRINKLER RISER TO REMAIN
(E) SOFFIT TO BE
REMOVED
SLOPE DOWN (E) TRASH ENCLOSURE 113 SQ. FT.PROPOSED HOSE
BIB LOCATION
FIRE RISER ROOM
62 SQ. FT.
(E) CHARGING
STATION TO REMAIN
(E) TRUNCATED DOMES SURFACE TO REMAIN
(E) PHARMACY OVERHANG TO BE
REMOVED INFILL AND PATCH WALL
TO MATCH ADJACENT
(E) OVERHANG TO REMAIN
(E) OVERHANG
TO REMAIN
(E) OVERHANG TO REMAIN36"9'-0"BEER TABLE WINE TABLE
5'-6"
(E) PHARMACY PICK-UP WINDOW TO
BE REMOVED INFILL AND PATCH
WALL OPENING, MATCH ADJACENT.
(E) BOLLARDS TO BE REMOVED
NEW ROOF ACCESS
LADDER BY GO
72"36"36"5'-11"JANITOR'S/
EVAC
72 SQ.FT.
2'-0"NOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNOSHNEW EQUIPMENT PLATFORM
ABOVE BY GO (FOOTPRINT
SHOWN HATCHED); TOP OF
PLATFORM @ 9'-6" AFF.
NEW EQUIPMENT
PLATFORM ACCESS
LADDER BY GO4'-0"
102"
1- Tr
FRTIO LAY FRITO LAY7'-0"8'-6"10'-2"3
(E) COLUMN
TO REMAIN
102" 102" 84" 84"
BORRAY BINS
42"X72"(2) TIER7'-0"7'-6"24"X60"24"X48"6'-0"
7'-0"
5
42"X72"
(2) TIER102" 102"
42"X72"(2) TIER
84" 84"28"X48"GM GM GM GM GM GM GM GM
6'-10"102" 102" 84" 84"
42"X72"
(2) TIER
42"X72"(2) TIER
24"X60"28"X48"6'-10"102"102" 102" 102"
2 DR
REACH-IN
2 DR
REACH-IN
4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN6'-10"4 DR REACH-IN 5 DR REACH-IN5 DR REACH-IN2 DR
REACH-IN102"102" 102" 102"
2 DR
REACH-IN
12'-3"7'-0"102"102"102"102"102"102"72"72"42"X72"(2) TIER
42"X72"
(2) TIER
7'-0"
7'-1"
7'-6"7'-10"8'-4"7'-9"5 '-4 "3'-2"2'-8"10'-8"105'-0"
4'-5"2'-0"
7'-0"
2'-6"3'-0"
36"
5'-1"2'-9"8'-5"7'-0"5'-0"5'-0"7'-4"
72"1- Tr
GROCERY OUTLET - STORE #XXXX
ARCADIA (LIVE OAK), CA
FINAL VERSION #7 - 04/08/20
BUILDING AREAS (GROSS)
SALE 10,309 SQ.FT.
B.O.H.
UTILITES (RESTROOMS,
OFFICES, HALLWAY & 832 SQ.FT.
EMPLOYEE/ BREAK AREA)
STOCK + RECEIVING + VOID 3,236 SQ.FT.
SHELL 14,377 SQ.FT.
BUILDING AREAS (NET)
MERCHANDISING 10,052 SQ.FT.
STOCK ROOM #1 & #2 &
RECEIVING
(EXCLUDING WALK-INS & 1,579 SQ.FT.
JANITOR'S/ EVAC AREA)
LEGEND
SYMBOL DESCRIPTION
BUMP
BRASS BELL (AT CHECKSTAND #1)
ECO BAG GRIDS (3 PER PLAN)
ABS BROOM HOLDERS (4 PER PLAN AT CLEANER AISLE)
APPAREL RACKS (PROMOTIONAL EVENTS)
BUMP OUT SECTIONS (12 @ HBC - PER PLAN)
SECURITY CAMERA (SINGLE DIRECTION)
SECURITY CAMERA (360 DEGREE)
GENERAL MERCH HBC PERIMETER
SEASONAL CANDY PERIMETER
INT. SIGNAGE WINE PERIMETER
ALCOHOL SALES HOLDING BOXES
BASE DECKS 28"
SHELVES 24"
SAHARA COLOR
BASE DECKS 24"
SHELVES 24"
SAHARA COLOR
BASE DECKS 28"
SHELVES 24"
SAHARA COLOR
BASE DECKS 24"
SHELVES 20"
SAHARA COLOR
BO LIGHTING @ 14'-0"BASE DECKS 24"
SHELVES 20"
BLACK COLOR
BEER & WINE
ALLOCATED FLOOR AREA: 395 SF
RATIO TO
TOTAL SALES FLOOR: 3.9%
FREEZER: 360 SF
DAIRY: 585 SFMEAT: 212 SF
REFRIGERATION SYSTEM
TRADITIONAL
PROJECT ADDRESS:
CONSULTANTS:
SEAL
AOR PROJECT #:
REVIEWED BY:
DRAWN BY:
STORE NUMBER
ISSUED DATES
NO. DATE: DESCRIPTION:
DRAWING DESCRIPTION:
SHEET NUMBER
ARCHITECT
9 6 0 A t l a n t i c A v e n u e
A l a m e d a , C A 9 4 5 0 1
5 1 0 8 6 5 8 6 6 3
m b h a r c h . c o m
4/17/2020 8:43:10 AM
FIXT
FIXTURE PLAN
MERCH. LABELS
140 LIVE OAK AVE
ARCADIA, CA 91006
Author
Checker
54367
XXX
),1$/9
04/17/20 FOR CUP EXHIBIT
PLAN NORTHTRUE NORTHSPIRITSSPIRITS
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1.Name or description of project:CUP 20-08 - Conditional Use Permit with a Categorical
Exemption under the California Quality Act ("CEQA") Section
15301(a) to allow the sale of beer, wine, and distilled spirits for
off-site consumption at 140 E. Live Oak Avenue.
2.Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
140 E. Live Oak Avenue
(cross streets: E. Live Oak Avenue and Tyler Avenue)
3.Entity or person undertaking
project:
A.
B.Other (Private)
(1)Name Grocery Outlet
(2)Address 26023 Jefferson Ave., Suite D
Murrieta CA 92562
4.Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental
assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility)
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise
exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: June 25, 2020 Staff: Christine Song, Associate Planner
Attachment No. 6